Engrossed Version, Senate Bill 0027

Synopsis: Alcohol and tobacco matters. Requires a person who trains: (1) alcohol servers; and (2) individuals who plan to train alcohol servers; to hold a trainer certificate issued by the alcohol and tobacco commission (ATC). Requires: (1) a certified trainer to renew a certificate every three years by filing a renewal application form, completing a refresher course, and paying a $45 fee; (2) certain retailer permittees, dealer permittees, or management representatives of the retailer or dealer permittees to be trained not later than 120 days after the date the permittee receives a permit; and (3) certain retailer permittees and dealer permittees to ensure that each alcohol server is trained not later than 120 days from the date the alcohol server begins employment. (Current law requires a retail permittee, dealer permittee, or management representative to be trained not later than 90 days after

    February 2, 2006, read first time and referred to Committee on Public Policy and Veterans Affairs.
    February 23, 2006, amended, reported _ Do Pass.
    March 1, 2006, read second time, amended, ordered engrossed.

Digest Continued

the date the permittee receives the permit and an alcohol server be trained not later than 90 days after the date of employment.) Requires: (1) the ATC to notify retailer and dealer permittees of the certification requirements at the time the permittees renew the retailer or dealer permits; (2) the ATC to approve and establish training programs; and (3) training programs to provide a server certificate to individuals who successfully complete the program. Allows the ATC to: (1) observe training at any time; and (2) adopt rules to carry out the training and certification requirements. Changes the deadline by which permittees and alcohol servers must be trained from January 31, 2008, to January 1, 2009. Requires: (1) dealer permittees to display alcoholic beverages in a clearly designated area where the presence of a minor is prohibited without a parent or guardian who is at least 21 years of age; (2) dealer permittees to have at least one employee who holds an employee's permit and, beginning January 1, 2007, to ensure that a sales clerk working on the license premises receives training; (3) local alcoholic beverage boards to allow an individual to make oral comments at a public meeting or hearing; and (4) a sales clerk to ring up or record alcoholic beverage sales except under certain circumstances. Provides that: (1) the ATC may adopt rules to implement these requirements; (2) any city that owns a golf course may obtain a permit for the retail sale of alcoholic beverages; and (3) a permittee has only powers expressly granted by statute or rules of the ATC. Allows a holder of an alcoholic beverage permit to sell or offer to sell an alcoholic beverage on credit to an individual who does not hold an alcoholic beverage permit. Provides that a primary source of supply or wholesaler may not provide an illuminated advertising sign to a dealer or retailer in a manner that violates the trade practice restrictions of the ATC or the law. Requires the ATC to issue a permit to the state fair commission. Allows for extended time for alcohol sales on New Year's Eve if New Year's Eve falls on a Sunday. Allows the ATC to conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed. Defines as a club an association or corporation in a consolidated city that has been in existence for 25 years, held a bingo license for ten years, and does not allow persons under the age of 18 to be members, guests, or workers. Allows a person at least 18 years of age and under 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Prohibits the issuance of an alcoholic beverage employee's permit to an individual with two convictions for operating while intoxicated if: (1) the first conviction occurred less than ten years before the date of the permit application; and (2) the individual completed the sentence for the second conviction less than two years before the permit application. Provides that if an individual has at least three convictions for operating while intoxicated and the individual completed the sentence for the last conviction more than ten years before the permit application, the individual may apply to the ATC for a permit, but the ATC may grant or deny the application. Provides for the revocation of a permit upon an individual's subsequent conviction for operating while intoxicated. Makes changes concerning certain sells and deliveries of beer by holders of brewer's permits. Makes changes to the cigarette fair trade act. Removes provisions concerning: (1) residency requirements for retailer's and dealer's permits; and (2) prohibiting the issuance of a retailer's or dealer's permit to a partnership unless each member of the partnership possesses the same qualifications required by an individual permit applicant. Repeals a provision concerning certain certification requirements.

Reprinted

March 2, 2006

Second Regular Session 114th General Assembly (2006)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or ~~this~~ ~~style~~ ~~type~~ reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.

ENGROSSED

SENATE BILL No. 27

A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-1-2-1; (06)ES0027.2.1. -->     SECTION 1. IC 7.1-1-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. ~~Construction.~~ (a) This title is an exercise of the police powers of the state.
     (b) The classifications and differentiations made in this title are real and are actually and substantially related to the accomplishment of the purposes of this title.
     (c) The provisions of this title shall be liberally construed so as to effectuate the purposes of this title.
    (d) A permittee has only powers expressly granted by statute and the rules of the commission.
    (e) In accordance with IC 1-1-1-8, if any provision of this title allowing for an exception to the three (3) tier system of alcohol beverage distribution in which the exception allows for a direct transaction between a primary source of supply and a consumer or between a primary source of supply and a retailer or dealer is held to be invalid or unconstitutional, it is the intention of the state that the remaining provisions of this title be construed to:
        (1) further limit rather than expand exceptions to the three (3) tier system of alcoholic beverage distribution; and
        (2) maintain a transparent and accountable three (3) tier system of alcoholic beverage distribution by a person with a substantial presence in Indiana.

SOURCE: IC 7.1-2-3-16; (06)ES0027.2.3. -->     SECTION 3. IC 7.1-2-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) The commission shall have the power to regulate and prohibit advertising, signs, displays, posters, and designs intended to advertise an alcoholic beverage or the place where alcoholic beverages are sold.
    (b) The commission shall not exercise the prohibition power contained in subsection (a), as to any advertisement appearing in a newspaper which:
        (1) is published at least once a week;
        (2) regularly publishes information of current news interest to the community; and
        (3) circulates generally to the public in any part of this state, regardless of where printed.
However, a newspaper shall not include publications devoted to special interests such as labor, religious, fraternal, society, or trade publications or journals, or publications owned or issued by political organizations or parties.
    (c) The commission shall not exercise the prohibition power contained in subsection (a) as to any advertisement broadcast over duly licensed radio and television stations.
    (d) All advertisements relating to alcoholic beverages, whether published in a newspaper or broadcast over radio or television, shall conform to the rules and regulations of the commission.
    (e) The commission shall not exercise the prohibition power contained in subsection (a) as to advertising in the official program of the Indianapolis 500 Race or the Madison Regatta, Inc., Hydroplane Race.
    (f) Notwithstanding any other law, the commission may not prohibit the use of an illuminated sign advertising alcoholic beverages by brand

name that is displayed within the interior or on the exterior of the premises covered by the permit, regardless of whether the sign is illuminated constantly or intermittently. However, it is unlawful for a primary source of supply or a wholesaler of alcoholic beverages to sell, give, supply, furnish, or grant to, or maintain for, a retail or dealer permittee an illuminated advertising sign in a manner that violates the trade practice restrictions of the commission or this title. It is unlawful for a retail or dealer permittee to receive, accept, display, or permit to be displayed, an illuminated advertising sign sold, given, supplied, furnished, granted, or maintained in violation of this subsection. When a recipient receives an illuminated sign, the illuminated sign becomes the property and responsibility of the recipient.
    (g) The commission may not prohibit the advertisement of:
        (1) alcoholic beverages; or
        (2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu; however, those advertisements must conform to the rules of the commission.

SOURCE: IC 7.1-3-1-14; (06)ES0027.2.5. -->     SECTION 5. IC 7.1-3-1-14, AS AMENDED BY P.L.224-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. (a) It is lawful for an appropriate permittee, unless otherwise specifically provided in this title, to sell alcoholic beverages each day Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. Sales shall cease wholly on Sunday at 3 a.m., prevailing local time, and not be resumed until the following Monday at 7 a.m., prevailing local time.
    (b) It is lawful for the holder of a retailer's permit to sell the appropriate alcoholic beverages for consumption on the licensed premises only on Sunday from 10 a.m., prevailing local time, until 12:30 a.m., prevailing local time, the following day.
    (c) It is lawful for the holder of a permit under this article to sell alcoholic beverages at athletic or sports events held on Sunday upon premises that:

        (1) are described in section 25(a) of this chapter;
        (2) are a facility used in connection with the operation of a paved track more than two (2) miles in length that is used primarily in the sport of auto racing; or
        (3) are being used for a professional or an amateur tournament;
beginning one (1) hour before the scheduled starting time of the event or, if the scheduled starting time of the event is 1 p.m. or later, beginning at noon.
    (d) It is lawful for the holder of a valid beer, wine, or liquor wholesaler's permit to sell to the holder of a valid retailer's or dealer's permit at any time.
     (e) Notwithstanding subsection (b), if December 31 (New Year's Eve) is on a Sunday, it is lawful for the holder of a retailer's permit to sell the appropriate alcoholic beverages on Sunday, December 31, from 10 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day.

SOURCE: IC 7.1-3-1-25; (06)ES0027.2.6. -->     SECTION 6. IC 7.1-3-1-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. (a) A city or county listed in this subsection that by itself or in combination with any other municipal body acquires by ownership or by lease any stadium, exhibition hall, auditorium, theater, convention center, or civic center may permit the retail sale of alcoholic beverages upon the premises if the governing board of the facility first applies for and secures the necessary permits as required by this title. The cities and counties to which this subsection applies are as follows:
        (1) A consolidated city or its county.
        (2) A city of the second class.
        (3) A county having a population of more than one hundred eighty-two thousand seven hundred ninety (182,790) but less than two hundred thousand (200,000).
        (4) A county having a population of more than one hundred seventy thousand (170,000) but less than one hundred eighty thousand (180,000).
        (5) A county having a population of more than one hundred thirty thousand (130,000) but less than one hundred forty-five thousand (145,000).
        (6) A county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
        (7) A city having a population of more than five thousand one hundred thirty-five (5,135) but less than five thousand two hundred (5,200).

        (8) A county having a population of more than one hundred twenty thousand (120,000) but less than one hundred thirty thousand (130,000).
        (9) A county having a population of more than one hundred eighty thousand (180,000) but less than one hundred eighty-two thousand seven hundred ninety (182,790).
    (b) A county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) or a township located in such a county that has established a public park with a golf course within its jurisdiction under IC 36-10-3 or IC 36-10-7 may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center within the park, including a clubhouse, social center, or pavilion.
    (c) A township that:
        (1) is located in a county having a population of more than one hundred five thousand (105,000) but less than one hundred ten thousand (110,000); and
        (2) acquires ownership of a golf course;
may permit the retail sale of alcoholic beverages upon the premises of the golf course, if the governing board of the golf course first applies for and secures the necessary permits required by this title.
    (d) A township:
        (1) having a population of more than thirty-five thousand (35,000) but less than one hundred thousand (100,000); and
        (2) located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000);
may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center or social center that is located within the township and operated by the township.
    (e) A city that
        ~~(1)~~ ~~has~~ a ~~population~~ ~~of:~~
            ~~(A)~~ ~~more~~ ~~than~~ ~~fifty-nine~~ ~~thousand~~ ~~seven~~ ~~hundred~~ ~~(59,700)~~ ~~but~~ ~~less~~ ~~than~~ ~~sixty-five~~ ~~thousand~~ ~~(65,000);~~ or
            ~~(B)~~ ~~more~~ ~~than~~ ~~forty-six~~ ~~thousand~~ ~~five~~ ~~hundred~~ ~~(46,500)~~ ~~but~~ ~~less~~ ~~than~~ ~~fifty~~ ~~thousand~~ ~~(50,000);~~ ~~and~~
        ~~(2)~~ owns a golf course
may permit the retail sale of alcoholic beverages upon the premises of the golf course if the governing board of the golf course first applies for and secures the necessary permits required by this title.
    (f) A city that:
        (1) has a population of more than thirty-two thousand (32,000)

but less than thirty-two thousand eight hundred (32,800); and
        (2) owns or leases a marina;
may permit the retail sale of alcoholic beverages upon the premises of the marina, if the governing board of the marina first applies for and secures the necessary permits required by this title. The permit may include the carryout sale of alcoholic beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home delivery of alcoholic beverages.
    (g) A city listed in this subsection that owns a marina may be issued a permit for the retail sale of alcoholic beverages on the premises of the marina. The permit may include the carryout sale of alcoholic beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home delivery of alcoholic beverages. However, the city must apply for and secure the necessary permits that this title requires. This subsection applies to the following cities:
        (1) A city having a population of more than ninety thousand (90,000) but less than one hundred five thousand (105,000).
        (2) A city having a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
        (3) A city having a population of more than thirty-two thousand eight hundred (32,800) but less than thirty-three thousand (33,000).
        (4) A city having a population of more than thirty-three thousand (33,000) but less than thirty-six thousand (36,000).
        (5) A city having a population of more than twenty-seven thousand (27,000) but less than twenty-seven thousand four hundred (27,400).
    (h) Notwithstanding subsection (a), the commission may issue a civic center permit to a person that:
        (1) by the person's self or in combination with another person is the proprietor, as owner or lessee, of an entertainment complex; or
        (2) has an agreement with a person described in subdivision (1) to act as a concessionaire for the entertainment complex for the full period for which the permit is to be issued.

SOURCE: IC 7.1-3-1.5-6; (06)ES0027.2.14. -->     SECTION 14. IC 7.1-3-1.5-6, AS ADDED BY P.L.161-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. ~~The~~ ~~commission~~ ~~shall~~ ~~require~~ ~~the~~ ~~following~~ ~~standards~~ ~~for~~ ~~certification~~ of a ~~program~~ ~~under~~ ~~this~~ ~~chapter:~~ (a) The commission shall:
        (1) establish a program; and
        (2) approve a program established by a third party that meets the requirements of this chapter;
that is designed to educate alcohol servers and individuals who plan to become certified trainers on the selling, serving, and consumption of alcoholic beverages.
     (b) A program established or approved under subsection (a) must include the following:
        (1) Training by an instructor who:
             (A) has knowledge in the subject areas described in this section; and
             (B) is a certified trainer under this chapter.
        (2) Information on specific subject areas as required by the commission.
        (3) A minimum of at least two (2) hours of training to complete the program.
        (4) Information on:
            (A) state laws and rules regarding the sale and service of alcoholic beverages;
            (B) the classification of alcohol as a depressant and the effect of alcohol on the human body, particularly on the ability to drive a motor vehicle;
            (C) the effects of alcohol:
                (i) when taken with commonly used prescription and nonprescription drugs; and
                (ii) on human behavior;
            (D) methods of:
                (i) identifying and refusing to serve or sell alcoholic beverages to an underage or intoxicated person; and
                (ii) handling situations involving an underage or intoxicated person;
            (E) methods for properly and effectively:
                (i) checking the identification of an individual;
                (ii) identifying an illegal identification of an individual; and

                (iii) handling situations involving individuals who have provided illegal identification;
            (F) security and law enforcement issues regarding the sale and service of alcoholic beverages; and
            (G) recognizing certain behavior to assess the amount of alcohol an individual:
                (i) has consumed; and
                (ii) may safely consume.
        (5) One (1) or both of the following:
            (A) A written test.
            (B) An oral test.

SOURCE: IC 7.1-3-1.5-8; (06)ES0027.2.15. -->     SECTION 15. IC 7.1-3-1.5-8, AS ADDED BY P.L.161-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) A trainer certificate issued under this chapter expires at a ~~time~~ ~~and~~ ~~date~~ ~~designated~~ by ~~the~~ ~~commission.~~ three (3) years after the date the trainer certificate was issued.
    ~~(b)~~ ~~The~~ ~~commission~~ ~~shall~~ ~~adopt~~ ~~rules~~ to ~~establish:~~
        ~~(1)~~ an ~~application~~ ~~form;~~ ~~and~~
        ~~(2)~~ ~~fees;~~
~~for~~ ~~the~~ ~~renewal~~ of a ~~certificate~~ ~~under~~ ~~this~~ ~~chapter.~~
    ~~(c)~~ (b) The commission shall ~~send~~ ~~written~~ ~~notice~~ of ~~the~~ ~~upcoming~~ ~~expiration~~ of a ~~certificate~~ to ~~each~~ ~~certificate~~ ~~holder~~ at ~~least~~ ~~sixty~~ ~~(60)~~ ~~days~~ ~~before~~ ~~the~~ ~~expiration~~ of ~~the~~ ~~certificate.~~ ~~The~~ ~~notice~~ ~~must~~ ~~inform~~ ~~the~~ ~~certificate~~ ~~holder~~ of ~~the~~ ~~need~~ to ~~renew~~ ~~and~~ ~~the~~ ~~requirement~~ of ~~payment~~ of ~~the~~ ~~renewal~~ ~~fee .~~ If ~~notice~~ of ~~expiration~~ is ~~not~~ ~~sent~~ by ~~the~~ ~~commission,~~ ~~the~~ ~~certificate~~ ~~holder~~ is ~~not~~ ~~subject~~ to a ~~sanction~~ ~~for~~ ~~failure~~ to ~~renew~~ ~~if,~~ ~~once~~ ~~notice~~ is ~~received~~ ~~from~~ ~~the~~ ~~commission,~~ ~~the~~ ~~certificate~~ is ~~renewed~~ ~~within~~ ~~forty-five~~ ~~(45)~~ ~~days~~ ~~after~~ ~~the~~ ~~receipt~~ of ~~the~~ ~~notice.~~ notify a:
        (1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and
        (2) retailer permittee at the time the retailer permittee renews a permit described in section 4 of this chapter;
of the renewal requirements for a trainer certificate under this chapter.

SOURCE: IC 7.1-3-1.5-13; (06)ES0027.2.18. -->     SECTION 18. IC 7.1-3-1.5-13, AS ADDED BY P.L.161-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) A retailer permittee or dealer permittee who operates an establishment where alcoholic beverages are served or sold must:
        (1) ensure that each alcohol server completes a program ~~certified~~ ~~under~~ ~~this~~ established or approved under section 6 of this chapter not later than ~~ninety~~ ~~(90)~~ one hundred twenty (120) days after the date the alcohol server begins employment at the establishment;
        (2) require each alcohol server to attend a refresher course that includes the dissemination of new information concerning the program subject areas described in section 6 of this chapter as ~~required~~ by ~~the~~ ~~commission;~~ every three (3) years after the date the alcohol server completes a program; and
        (3) maintain training verification records of each alcohol server.
    (b) A retailer permittee, or a dealer permittee, or a management representative of a retailer or dealer permittee must complete a program ~~certified~~ ~~under~~ established or approved under section 6 of this chapter:
         (1) not later than ~~ninety~~ ~~(90)~~ one hundred twenty (120) days after the date:
            ~~(1)~~ (A) the dealer permittee is issued a permit described in section 2 of this chapter; or
            ~~(2)~~ (B) the retailer permittee is issued a permit described in section 4 of this chapter; and
        (2) every five (5) years after the date the retailer permittee, dealer permittee, or management representative of the retailer or dealer permittee completes a program.
     (c) The commission shall notify a:
        (1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and
        (2) retailer permittee at the time the retailer permittee renews a permit described in section 4 of this chapter;
of the requirements under subsections (a) and (b).
    ~~(c)~~ (d) The commission may suspend or revoke a retailer permittee's or dealer permittee's permit or fine a retailer permittee or dealer permittee for noncompliance with this section in accordance with IC 7.1-3-23.

SOURCE: IC 7.1-3-2-2; (06)ES0027.2.23. -->     SECTION 23. IC 7.1-3-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Except as provided in subsection (b), the commission may issue a brewer's permit only to:
        (1) an individual;
        (2) a partnership ~~all~~ ~~the~~ ~~partners~~ of ~~which~~ ~~are~~ ~~bona~~ ~~fide~~ ~~residents~~ of ~~Indiana;~~ domiciled in or admitted to do business in Indiana;
        (3) a limited liability company ~~all~~ ~~the~~ ~~members~~ of ~~which~~ ~~are~~ ~~bona~~ ~~fide~~ ~~residents~~ of domiciled in or admitted to do business in Indiana; or
        (4) a corporation ~~organized~~ ~~and~~ ~~existing~~ ~~under~~ ~~the~~ ~~laws~~ of domiciled in or admitted to do business in Indiana. ~~and~~ ~~having~~ ~~authority~~ ~~under~~ ~~its~~ ~~charter~~ to ~~manufacture~~ or ~~sell~~ ~~beer.~~
    (b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than twenty thousand (20,000) barrels of beer in a calendar year to:

        (1) an individual;
        (2) a partnership ~~organized~~ ~~and~~ ~~existing~~ ~~under~~ ~~the~~ ~~laws~~ of domiciled in or admitted to do business in Indiana;
        (3) a limited liability company ~~organized~~ ~~and~~ ~~existing~~ ~~under~~ ~~the~~ ~~laws~~ of domiciled in or admitted to do business in Indiana; or
        (4) a corporation ~~organized~~ ~~and~~ ~~existing~~ ~~under~~ ~~the~~ ~~laws~~ of domiciled in or admitted to do business in Indiana.

SOURCE: IC 7.1-3-2-7; (06)ES0027.2.24. -->     SECTION 24. IC 7.1-3-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. The holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do only the following:
        (1) Manufacture beer.
        (2) Place beer in containers or bottles.
        (3) Transport beer.
        (4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3.
        (5) If the brewer's brewery manufactures not more than twenty thousand (20,000) barrels of beer in a calendar year, do the following:
            (A) Sell and deliver beer to a person holding a retailer or a dealer permit under this title.
            (B) Be the proprietor of a restaurant.
            (C) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant established under clause (B).
            (D) Transfer beer directly from the brewery to the restaurant by means of:
                (i) bulk containers; or
                (ii) a continuous flow system.
            (E) Install a window between the brewery and an adjacent restaurant that allows the public and the permittee to view both premises.
            (F) Install a doorway or other opening between the brewery and an adjacent restaurant that provides the public and the permittee with access to both premises.
            (G) Sell the brewery's beer by the glass for consumption on the premises. Brewers permitted to sell beer by the glass under this clause must furnish the minimum food requirements prescribed by the commission.
             (H) Sell and deliver beer to a consumer at the plant of the brewer or at the residence of the consumer. The delivery

to a consumer shall be made only in a quantity at any one (1) time of not more than one-half (½) barrel, but the beer may be contained in bottles or other permissible containers.
        (6) If the brewer's brewery manufactures more than twenty thousand (20,000) barrels of beer in a calendar year, own a portion of the corporate stock of another brewery that:
            (A) is located in the same county as the brewer's brewery;
            (B) manufactures less than twenty thousand (20,000) barrels of beer in a calendar year; and
            (C) is the proprietor of a restaurant that operates under subdivision (5).
        ~~(7)~~ ~~Sell~~ ~~and~~ ~~deliver~~ ~~beer~~ to a ~~consumer~~ at ~~the~~ ~~plant~~ of ~~the~~ ~~brewer~~ or at ~~the~~ ~~residence~~ of ~~the~~ ~~consumer.~~ ~~The~~ ~~delivery~~ to a ~~consumer~~ ~~shall~~ be ~~made~~ ~~only~~ in a ~~quantity~~ at ~~any~~ ~~one~~ ~~(1)~~ ~~time~~ of ~~not~~ ~~more~~ ~~than~~ ~~one-half~~ ~~(½)~~ ~~barrel,~~ ~~but~~ ~~the~~ ~~beer~~ ~~may~~ be ~~contained~~ in ~~bottles~~ or ~~other~~ ~~permissible~~ ~~containers.~~
        ~~(8)~~ (7) Provide complimentary samples of beer that are:
            (A) produced by the brewer; and
            (B) offered to consumers for consumption on the brewer's premises.
        ~~(9)~~ (8) Own a portion of the corporate stock of a sports corporation that:
            (A) manages a minor league baseball stadium located in the same county as the brewer's brewery; and
            (B) holds a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant located in that stadium.
        ~~(10)~~ (9) For beer described in IC 7.1-1-2-3(a)(4):
            (A) may allow transportation to and consumption of the beer on the licensed premises; and
            (B) may not sell, offer to sell, or allow sale of the beer on the licensed premises.

SOURCE: IC 7.1-3-5-3; (06)ES0027.2.25. -->     SECTION 25. IC 7.1-3-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The holder of a beer dealer's permit shall be entitled to purchase beer for sale under the permit only from a permittee entitled to sell to a beer dealer under this title.
    (b) A beer dealer shall be entitled to possess beer and sell it at retail to a customer in permissible containers only.
    (c) A beer dealer may not sell beer by the drink nor for consumption on the licensed premises nor shall a beer dealer allow it to be consumed on the licensed premises.

(d) Except as provided in subsection (e), a beer dealer shall be entitled to sell beer to a customer in a designated area separated from the area where nonalcoholic retail merchandise is sold, and to deliver it in permissible containers to the customer on the licensed premises, or to the customer's residence or office. A minor may not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age. The designated area shall be monitored by an employee who, as part of the employee's job responsibilities, shall ensure that a minor does not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age. A beer dealer shall not be entitled to sell and deliver beer on the street or at the curb outside the licensed premises, nor shall a beer dealer be entitled to sell beer at a place other than the licensed premises. A beer dealer shall not be entitled to sell beer and deliver beer for carry-out, or for delivery to a customer's residence or office, in a quantity that exceeds eight hundred sixty-four (864) ounces in a single transaction. However, notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell and deliver warm or cold beer for carry-out, or for delivery to a customer's residence, office, or a designated location in barrels or other commercial containers that do not exceed two thousand sixteen (2,016) ounces per container. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.
(e) Unless a beer dealer is a grocery store or drug store, a beer dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. A beer dealer that is a grocery store or drug store may sell any item except alcoholic beverages through a window in the licensed premises to a patron who is outside the licensed premises.

SOURCE: IC 7.1-3-10-7; (06)ES0027.2.28. -->     SECTION 28. IC 7.1-3-10-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) The holder of a liquor dealer's permit shall be entitled to purchase liquor only from a permittee entitled to sell to a liquor dealer under this title.
    (b) A liquor dealer shall be entitled to possess liquor and sell it at retail in its original package, in a designated area separated from the area where nonalcoholic retail merchandise is sold, to a customer only for consumption off the licensed premises. A minor may not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age. The designated area shall be monitored by an employee who, as part of the employee's job responsibilities, shall ensure that a minor does not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age.
    (c) A liquor dealer may deliver liquor only in permissible containers to a customer's residence or office in a quantity that does not exceed twelve (12) quarts at any one (1) time. However, a liquor dealer who is licensed under IC 7.1-3-10-4 may deliver liquor in permissible containers to a customer's residence, office, or designated location. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.
    (d) A liquor dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. However, a liquor dealer that is a drug store may sell prescription drugs and health and beauty aids

through a window in the licensed premises to a patron who is outside the licensed premises.

SOURCE: IC 7.1-3-15-3; (06)ES0027.2.31. --> SECTION 31. IC 7.1-3-15-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The holder of a wine dealer's permit shall be entitled to purchase wine only from a permittee who is authorized to sell to a wine dealer under this title. A wine dealer shall be entitled to sell wine, in a designated area separated from the area where nonalcoholic retail merchandise is sold, for consumption off the licensed premises only and not by the drink. A minor may not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age. The designated area shall be monitored by an employee who, as part of the employee's job responsibilities, shall ensure that a minor does not enter the designated area, unless the minor is accompanied by a parent or guardian who is at least twenty-one (21) years of age.
(b) A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as

determined under the rules of the commission, in a single transaction. However, a wine dealer who is licensed under IC 7.1-3-10-4 may possess wine and sell it at retail in its original package to a customer only for consumption off the licensed premises.
(c) Unless a wine dealer is a grocery store or drug store, a wine dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. A wine dealer that is a grocery store or drug store may sell any item except alcoholic beverages through a window in the licensed premises to a person who is outside the licensed premises.
(d) However, a wine dealer who is licensed under IC 7.1-3-10-4 may deliver wine only in permissible containers to a customer's residence, office, or designated location. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.

SOURCE: IC 7.1-3-18-9; (06)ES0027.2.34. --> SECTION 34. IC 7.1-3-18-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) The commission

may issue an employee's permit to a person who desires to act as:
         (1) a sales clerk in a:
             (A) drugstore;
            (B) grocery store; or
            (C) package liquor store; or as
         (2) a bartender, waiter, waitress, or manager in a retail establishment. ~~excepting~~ ~~dining~~ ~~car~~ ~~and~~ ~~boat~~ ~~employees.~~
    (b) A permit authorized by this section is conditioned upon the compliance by the holder with reasonable rules relating to the permit which the commission may prescribe from time to time.
    (c) A permit issued under this section entitles its holder to work for any lawful employer. However, a person may work without an employee's permit for thirty (30) days from the date shown on a receipt for a cashier's check or money order payable to the commission for that person's employee's permit application.
    (d) A person who, for a package liquor store or retail establishment, is:
        (1) the sole proprietor;
        (2) a partner, a general partner, or a limited partner in a partnership or limited partnership that owns the business establishment;
        (3) a member of a limited liability company that owns the business establishment; or
        (4) a stockholder in a corporation that owns the business establishment;
is not required to obtain an employee's permit in order to perform any of the acts listed in subsection (a).
    (e) An applicant may declare on the application form that the applicant will use the employee's permit only to perform volunteer service that benefits a nonprofit organization. It is unlawful for an applicant who makes a declaration under this subsection to use an employee's permit for any purpose other than to perform volunteer service that benefits a nonprofit organization.
    (f) An ~~applicant~~ is ~~not~~ ~~entitled~~ to The commission may not issue an employee's permit ~~if:~~ ~~(1)~~ ~~the~~ to an applicant while the applicant is serving a sentence for a conviction for operating while intoxicated, including any term of probation or parole.
        ~~(2)~~ ~~the~~
    (g) The commission may not issue an employee's permit to an applicant who has ~~more~~ ~~than~~ ~~one~~ ~~(1)~~ ~~but~~ ~~less~~ ~~than~~ ~~three~~ ~~(3)~~ two (2) unrelated convictions for operating while intoxicated ~~and~~ ~~less~~ ~~than~~ ~~two~~ ~~(2)~~ ~~years~~ ~~have~~ ~~elapsed~~ ~~after~~ ~~the~~ ~~applicant~~ ~~completed~~ ~~the~~ ~~applicant's~~

~~sentence~~ ~~for~~ a ~~conviction~~ ~~for~~ ~~operating~~ ~~while~~ ~~intoxicated,~~ ~~including~~ ~~any~~ ~~term~~ of ~~probation~~ or ~~parole;~~ or if:
        (1) the first conviction occurred less than ten (10) years before the date of the applicant's application for the permit; and
        (2) the applicant completed the sentence for the second conviction, including any term of probation or parole, less than two (2) years before the date of the applicant's application for the permit.
        ~~(3)~~ ~~the~~
     (h) If an applicant for an employee's permit has at least three (3) unrelated convictions for operating while intoxicated and the applicant completed the sentence for the most recent conviction at least ten (10) years before the date of the applicant's application for the permit, the commission may grant or deny the issuance of the permit.
    ~~(g)~~ (i) The commission shall revoke a permit issued to an employee under this section if:
        (1) the employee is convicted of a Class B misdemeanor for violating IC 7.1-5-10-15(a); or
        (2) the employee ~~becomes~~ ~~ineligible~~ ~~for~~ ~~the~~ ~~issuance~~ of an ~~employee's~~ ~~permit~~ ~~under~~ ~~subsection~~ ~~(f).~~ is convicted of operating while intoxicated after the issuance of the permit.
The commission may revoke a permit issued to an employee under this section for any violation of this title or the rules adopted by the commission.
     (j) This section does not apply to a dining car, boat, or airline employee.

SOURCE: IC 7.1-3-20-1; (06)ES0027.2.35. -->     SECTION 35. IC 7.1-3-20-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. ~~Clubs:~~ ~~General~~ ~~Requirements.~~ (a) In order to be considered a "club" within the meaning of this title and to be eligible to receive an appropriate club permit under this title, an association or corporation shall meet the following requirements:
        ~~(a)~~ (1) It shall have been organized in good faith under authority of law.
        ~~(b)~~ (2) It shall have been in active, continuous existence for at least three (3) years prior to the date the application for the permit is filed.
        ~~(c)~~ (3) It shall have maintained, in good faith, a membership roll for the three (3) year period.
        ~~(d)~~ (4) It shall have a paid-up membership of more than fifty (50) members at the time the application is filed.

        ~~(e)~~ (5) It shall be the owner, lessee, or occupant of an establishment operated solely for objects of a national, social, patriotic, political, or athletic nature, or the like.
        ~~(f)~~ (6) It shall not be operated for pecuniary gain.
        ~~(g)~~ (7) The property and the advantages of the organization shall belong to its members. ~~and~~
        ~~(h)~~ (8) It shall maintain an establishment provided with special space and ~~accomodations~~ accommodations where, in consideration of payment, food, with or without lodging, is habitually served.
     (b) An association or a corporation located within a consolidated city is considered a club if the association or corporation:
        (1) has held an annual bingo license issued by the state for at least ten (10) consecutive years;
        (2) has been in existence in Indiana for at least twenty-five (25) years;
        (3) does not allow a person less than eighteen (18) years of age to be a member, a guest, a worker, or an operator; and
        (4) complies with subsection (a)(1), (a)(2), (a)(5), (a)(6), and (a)(8).

SOURCE: IC 7.1-3-21-5; (06)ES0027.2.38. --> SECTION 38. IC 7.1-3-21-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The commission shall not issue

        ~~(1)~~ an ~~alcoholic~~ ~~beverage~~ ~~retailer's~~ or ~~dealer's~~ ~~permit~~ of ~~any~~ ~~type;~~ or
        ~~(2)~~ a wine wholesaler's or liquor wholesaler's permit
to a corporation unless sixty percent (60%) of the outstanding common stock is owned by persons who have been continuous and bona fide residents of Indiana for five (5) years.
    (b) The commission shall not issue a beer wholesaler's permit to a corporation unless at least sixty percent (60%) of the outstanding common stock is owned by persons who have been continuous and bona fide residents of Indiana for one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit to a corporation unless at least one (1) of the stockholders shall have been a resident, for at least one (1) year immediately prior to making application for the permit, of the county in which the licensed premises are to be situated.
    (d) Each officer and stockholder of a corporation shall possess all other qualifications required of an individual applicant for that particular type of permit.

SOURCE: IC 7.1-3-21-5.2; (06)ES0027.2.39. -->     SECTION 39. IC 7.1-3-21-5.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.2. (a) The commission shall not issue
        ~~(1)~~ an ~~alcoholic~~ ~~beverage~~ ~~retailer's~~ or ~~dealer's~~ ~~permit~~ of ~~any~~ ~~type;~~ or
        ~~(2)~~ a wine wholesaler's or liquor wholesaler's permit
to a limited partnership unless at least sixty percent (60%) of the partnership interest is owned by persons who have been continuous and bona fide residents of Indiana for five (5) years.
    (b) The commission shall not issue a beer wholesaler's permit to a limited partnership unless at least sixty percent (60%) of the partnership interest is owned by persons who have been continuous and bona fide residents of Indiana for one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit to a limited partnership unless for at least one (1) year immediately before making application for the permit, at least one (1) of the persons having a partnership interest has been a resident of the county in which the licensed premises are to be situated.
    (d) Each general partner and limited partner of a limited partnership must possess all other qualifications required of an individual applicant for that particular type of permit.

SOURCE: IC 7.1-3-21-5.4; (06)ES0027.2.40. --> SECTION 40. IC 7.1-3-21-5.4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.4. (a) The commission shall not issue

        ~~(1)~~ an ~~alcoholic~~ ~~beverage~~ ~~retailer's~~ or ~~dealer's~~ ~~permit~~ of ~~any~~ ~~type;~~ or
        ~~(2)~~ a wine wholesaler's or liquor wholesaler's permit
to a limited liability company unless at least sixty percent (60%) of the membership interest is owned by persons who have been continuous and bona fide residents of Indiana for five (5) years.
    (b) The commission shall not issue a beer wholesaler's permit to a limited liability company unless at least sixty percent (60%) of the membership interest is owned by persons who have been continuous and bona fide residents of Indiana for one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit to a limited liability company unless for at least one (1) year immediately before making application for the permit, at least one (1) of the persons having a membership interest has been a resident of the county in which the licensed premises are to be situated.
    (d) Each manager and member of a limited liability company must possess all other qualifications required of an individual applicant for that particular type of permit.

SOURCE: IC 7.1-3-21-14; (06)ES0027.2.41. -->     SECTION 41. IC 7.1-3-21-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 14. ~~Indiana~~ ~~State~~ ~~Fair.~~ (a) The commission shall ~~not~~ issue a permit for the sale of alcoholic beverages on the Indiana state fair grounds ~~during~~ ~~the~~ ~~period~~ of ~~the~~ ~~Indiana~~ ~~State~~ ~~Fair.~~ to the Indiana state fair commission.
     (b) The holder of a permit under this section is:
        (1) entitled to sell alcoholic beverages on the state fair grounds to consumers by the glass;
        (2) entitled to permit multiple vendors of the state fair commission with separate permits at different locations on the state fair grounds to sell alcoholic beverages by the glass under the permit;
         (3) entitled to receive the permit directly from the commission without local board approval;
        (4) not subject to quota restrictions under IC 7.1-3-22-3; and
        (5) entitled to allow a minor to be present in the places where alcoholic beverages are sold.
     (c) The holder of a permit under this section must comply with the following requirements:
         (1) File a floor plan of the premises where alcoholic beverages will be served and consumed.
        (2) Provide that service of alcoholic beverages may be performed only by servers certified under IC 7.1-3-1.5.
        (3) Allow sales during the times prescribed under

IC 7.1-3-1-14.
(4) Prohibit sales prohibited under IC 7.1-5-10-1 and IC 7.1-5-10-17.
(5) Operate under rules adopted by the commission to protect the public interest under IC 7.1-1-1.

SOURCE: IC 7.1-5-10-12; (06)ES0027.2.44. -->     SECTION 44. IC 7.1-5-10-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. ~~Credit~~ ~~Sales~~ ~~Prohibited.~~ (a) This section does not apply to a permittee that sells or offers to sell an alcoholic beverage to an individual who does not hold a permit under this title.
    (b) It is unlawful for a permittee to sell, offer to sell, purchase, or receive an alcoholic beverage for anything other than cash. A permittee who extends credit in violation of this section shall have no right of action on the claim.
     (c) This section ~~shall~~ does not prohibit:
        (1) a permittee from crediting to a purchaser the actual price charged for a package or an original container returned by the

original purchaser as a credit on a sale;
         (2) ~~This~~ ~~section~~ ~~shall~~ ~~not~~ ~~prohibit~~ a permittee from refunding to a purchaser the amount paid by the purchaser for a container, or as a deposit on a container, if it is returned to the permittee;
         (3) ~~This~~ ~~section~~ ~~shall~~ ~~not~~ ~~prohibit~~ a manufacturer from extending usual and customary credit for alcoholic beverages sold to a customer who maintains a place of business outside this state when the alcoholic beverages are actually shipped to a point outside this state; or
        (4) ~~This~~ ~~section~~ ~~shall~~ ~~not~~ ~~prohibit~~ a distiller or a liquor or wine wholesaler from extending credit on liquor, flavored malt beverages, and wine sold to a permittee for a period of fifteen (15) days from the date of invoice, date of invoice included. However, if the fifteen (15) day period passes without payment in full, the wholesaler shall sell to that permittee on a cash on delivery basis only.

SOURCE: IC 24-3-2-3; (06)ES0027.2.46. --> SECTION 46. IC 24-3-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) It is a Class A infraction for a retailer or distributor ~~with~~ ~~intent~~ to ~~injure~~ ~~competitors~~ or ~~destroy~~ or ~~substantially~~ ~~lessen~~ ~~competition,~~ to offer to sell or sell at

retail or wholesale cigarettes at less than the cost to ~~him.~~ the retailer or distributor. The department may do either of the following if a retailer or a distributor violates this subsection:
        (1) Revoke or suspend the:
            (A) registration certificate held by ~~such~~ a the distributor under IC 6-7-1; ~~may~~ be ~~revoked,~~ by ~~the~~ ~~department~~ or
            (B) tobacco certificate held by the retailer;
        ~~for~~ ~~the~~ ~~balance~~ of ~~the~~ ~~term~~ ~~thereof.~~ for a period of time as determined by the department.
        (2) Impose a civil penalty under IC 7.1-3-18.5.
    (b) Evidence of offering to sell or sale of cigarettes by any retailer or distributor at less than the cost to him is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
    (c) Notwithstanding IC 34-28-5-5(c), a judgment for a violation of this section shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.

SOURCE: ; (06)ES0027.2.48. -->     SECTION 48. P.L.161-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: SECTION 4. (a) As used in this SECTION, "alcohol server" has the meaning set forth in IC 7.1-3-1.5-1.
    (b) As used in this SECTION, "certified trainer" has the meaning set forth in IC 7.1-3-1.5-1.3, as added by this act.
    ~~(a)~~ (c) As used in this SECTION, "commission" refers to the alcohol and tobacco commission established by IC 7.1-2-1-1.
    ~~(b)~~ (d) As used in this SECTION, "dealer permittee" has the meaning set forth in IC 7.1-3-1.5-2. as ~~added~~ by ~~this~~ ~~act.~~
    ~~(c)~~ As ~~used~~ in ~~this~~ ~~SECTION,~~ ~~"program"~~ ~~has~~ ~~the~~ ~~meaning~~ ~~set~~ ~~forth~~ in IC ~~7.1-3-1.5-3,~~ as ~~added~~ by ~~this~~ ~~act.~~
    ~~(d)~~ (e) As used in this SECTION, "retailer permittee" has the meaning set forth in IC 7.1-3-1.5-4. as ~~added~~ by ~~this~~ ~~act.~~
    (f) As used in this SECTION, "trainer certificate" has the meaning set forth in IC 7.1-3-1.5-4.4, as added by this act.
    ~~(e)~~ (g) Notwithstanding IC 7.1-3-1.5-12, as ~~added~~ by ~~this~~ ~~act,~~ a person who is ~~operating~~ a ~~program~~ ~~before~~ ~~July~~ 1, ~~2005,~~ training alcohol servers or individuals who plan to become certified trainers before July 1, 2006, may continue to ~~operate~~ ~~the~~ ~~program~~ train alcohol servers or individuals who plan to become certified trainers without a certificate issued under IC 7.1-3-1.5 as ~~added~~ by ~~this~~ ~~act,~~

pending the processing of an application for a trainer certificate under this SECTION.
    ~~(f)~~ (h) The person described in subsection ~~(e)~~ (g) may submit to the commission an application for a trainer certificate to ~~operate~~ a ~~program~~ under IC 7.1-3-1.5. as ~~added~~ by ~~this~~ ~~act.~~ To be entitled to continue ~~operating~~ training without a trainer certificate under subsection ~~(e),~~ (g), the person must submit the application before March 1, ~~2006.~~ 2007.
    ~~(g)~~ (i) The person described in subsection ~~(e)~~ (g) shall cease ~~operating~~ a ~~program~~ training alcohol servers and individuals who plan to become certified trainers if:
        (1) the person fails to submit an application within the time allowed under subsection ~~(f);~~ (h); or
        (2) the commission notifies the person that the commission has rejected the application submitted by the person under this SECTION.
    ~~(h)~~ (j) Notwithstanding IC 7.1-3-1.5-13: as ~~added~~ by ~~this~~ ~~act:~~
        (1) a retailer permittee or dealer permittee who is operating an establishment where alcoholic beverages are served or sold must ensure that each alcohol server completes a program ~~certified~~ established or approved under IC ~~7.1-3-1.5,~~ IC 7.1-3-1.5-6, as ~~added~~ amended by this act, not later than:
            (A) January 1, ~~2008;~~ 2009; or
            (B) ~~ninety~~ ~~(90)~~ one hundred twenty (120) days after the date the alcohol server begins employment at the establishment;
        whichever is later; and
        (2) a retailer permittee, or dealer permittee, or a management representative of a retailer or dealer permittee must complete a program ~~certified~~ established or approved under IC ~~7.1-3-1.5,~~ IC 7.1-3-1.5-6, as ~~added~~ amended by this act, not later than:
            (A) January 1, ~~2008;~~ 2009; or
            (B) ~~ninety~~ ~~(90)~~ one hundred twenty (120) days after the date the retailer permittee or dealer permittee is issued a retailer permit or dealer permit under IC 7.1-1.5-12;
        whichever is later.
    ~~(i)~~ (k) This SECTION expires December 31, ~~2009.~~ 2010.